About Me

Thursday, May 28, 2015

Last Tuesday morning, I saw vans being apprehended by
some Makati Public Safety Authority (MAPSA) officers behind Phil. Axa Life
building in Malugay St. Makati city. I took some photos with my mobile phone of
those apprehended vans and some MAPSA officers issuing tickets to the drivers
of the vans.

(These photos taken earlier, same area)

Then one MAPSA officer, Rizaldo O. Capricho, came to me
and prevented me from walking further and asked why I took photos, adding that
I have no right to take his photos without his permission. I said that if he
does not like being photographed, I can delete the photos in front of him. He
said No, I should not delete and I should go with him to the Makati Central
Police Station (CPS), about 200 meters away. I said he was harassing me,
preventing me from going to my destination, he said No, and that I must explain
myself to the police station. Then he called his fellow MAPSA officer to ask
for a policeman to come. I tried to walk further but he would block me. Clear harassment.

Later, Police Officer Ramirez came and suggested that I
must go with Capricho to Makati CPS. I said fine, but I must call first some
lawyer friends. Ramirez said “sa presinto ka na magpaliwanag” and dragged me to
a van, I think one of the apprehended vans. I got in, along with officer
Capricho. While inside the van, I was able to talk to my friend, Atty. Jim Asuncion,
he explained to me that taking photos of government personnel is not a crime, I can file a counter charge
later if I want.

At the Makati CPS, Investigation Division, I asked him
and the police officers there, what law, a Republic Act or Presidential Decree,
etc. that prohibits citizens from taking photos of government personnel while
they are doing their duties. Capricho and the police officers there cannot cite
any.

Capricho has also calmed down. I explained that my
purpose in taking photos is to share in social media government personnel who
do good things or bad things.

The investigating Police Officer, Sergeant Alejandro,
checked the photos in my camera, and I said you can delete those photos, and he
did. Sergeant Alejandro then read to us the handwritten report he made, part of
which said, “They also agreed to have no complaint each other…”, which both of us signed. I did not want
staying long in that police office and wanted to go to my office.

When I posted my story in my facebook wall, some lawyers
friends pointed these abuses:

1. There is no existing
law prohibiting the public from taking photos of public officials and
personnel in public places. Private citizens can claim right to privacy and sue
for damages. But public personnel cannot claim such privacy right because they
are expected to be under scrutiny all the time. The harassment by Capricho
therefore, has no basis.

2. Under RA 7438, Article 286. “Grave coercions. - The penalty of arresto mayor… shall be imposed upon any person who, without
authority of law, shall, by means of violence, prevent another from doing
something not prohibited by law, or compel him to do something against his
will, whether it be right or wrong.” Capricho prevented me from going to my
office, and Officer Ramirez dragged me to a van. I think officer Ramirez would
deny that he dragged me, but I would not go to the Makati CPS if there was no
pressure or coercion. I wanted to go to my office, not at the police station.

3. Same law, Section 2. “Rights
of Persons Arrested, Detained or Under Custodial Investigation, Duties of
Public Officers. – (a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.” I went to the
Makati CPS without any counsel, because of the harassment by Capricho and
Officer Ramirez.

4. I think PNP Makati officers are aware that there is no
existing law that prohibits the people from taking photos of public officers in
public places. In which case, they should have explained to Capricho that there is no law violated, no
cause for bringing me to the police station, but this did not happen. One officer even reminded me that next time, I
must ask permission first if I must get photos of government personnel. I think
that upon seeing that the complainant was a MAPSA personnel, the PNP had
sympathy with him even if I did not violate any law.

No detention as in being put behind bars, no handcuffs,
and we were at the police station for maybe 20-25 minutes, then we got out. This thing
therefore, may appear to be a “minor” issue. But as explained to me by some
lawyer friends, those are serious coercion cases, illegal arrest, grave abuse
of authority, serious human rights violations.

In the words of my lawyer-friend, “Everything you did was involuntary, from the moment they prevented you
from going to work up to the time you signed a statement. All of it were under
pressure. You might have the feeling that some acts were voluntary on your
part, like deleting the pictures, but in fact they were not. You were asked to
do something you otherwise would have not done if not for the threat of
authority exerted upon you.”

Some friends advise me to file criminal or administrative
charges against Capricho and Ramirez. But I recognize that it is cumbersome,
time consuming and costly to file such charges. I don't have the energy and
patience to pursue such option.

I just have to warn the
public because almost everyone now has a mobile phone, which has camera,
and they take photos of anything that catches their attention. If they take
photos of any public official, national or local, in a public place, they
violate not a single law. So when another Capricho-type of officer comes to
them and pressure them to delete the photos, or go with them to a police station, these acts are NOT proper and constitute human rights violation.
Government personnel themselves who are supposed to implement the laws become the law violators
against citizens who commit no crime, no violation of any law.

2 comments:

Thanks rb. Nothing spectacular about those photos,almost similar as the photos shown here. I think Capricho panicked that someone was taking photos that included him. Honest people, especially public officers, usually do not mind being photographed as there is nothing to be scared of. It is usually the dishonest ones who tend to be paranoid being photographed.